Is It Legal to Gift a Gun in Arizona?

Arizona does not require gun registration or background checks for private firearm sales or transfers between individuals, meaning you can legally purchase a gun and then give it to someone as a gift. However, there are laws that forbid the transfer of a firearm to someone who is prohibited from possessing them, such as a convicted felon. It is the gift giver’s legal responsibility to confirm that the person they’re giving the firearm to is not permitted to own and carry a firearm under federal or Arizona law.

You’re not legally required to maintain a bill of sale for the transfer, although it may be in your best interest to keep a record of the transfer and the serial number for your own protection.

Gifting a Firearm to a Minor

It is a class 6 felony to gift or sell a gun to a minor without written consent from the minor’s parent or legal guardian (ARS 13-3109). There are limited exceptions for specific circumstances, such as a firearm safety course or hunting with parental consent where another person temporarily gives a gun to a minor for a specific activity.

Minors are legally allowed to temporarily possess firearms during these types of lawful activities as long as they are accompanied by an adult and have parental consent.

Legally Purchasing Firearms for Your Minor Children in Arizona

Although it is legally permissible to give your own children firearms, or to allow other people to gift your children firearms with your written consent, there are some Arizona laws to keep in mind. In particular, minors aged 14 to 17 are only allowed to possess firearms without adult supervision under specific situations:

• They are participating in marksmanship practice at established ranges
  
  
• They are engaging in lawful hunting or shooting events
  
  
• They are lawfully transporting an unloaded firearm between the hours of 5 a.m. and 10 p.m. for a legally permitted purpose
  
  
• They are using the firearm for activities related to agricultural production that require the use of a firearm
  
  
  

What About Gifting a Handgun to a Minor?

Handgun laws in Arizona can be confusing given their slightly stricter requirements compared to other firearms. For example, a federally licensed firearms dealer can’t sell a handgun to anyone under the age of 21. A private seller can sell a handgun to anyone over the age of 18, but they are prohibited from selling a handgun to a minor even with parental consent. However, a parent or guardian can gift a handgun they legally purchased to their minor child.

What About Straw Purchase Laws?

Federal law criminalizes “straw purchases,” or the transfer of a legally purchased firearm in order to circumvent background checks. That does not apply to gifting a firearm in most circumstances.

If the person who is receiving the firearm would be able to pass a background check, and the purchase and gifting of the firearm wasn’t intended to circumvent the background check process, it typically would not qualify as a straw purchase.

However, if a person buys and gifts a gun to someone who wouldn’t pass a background check, it could be considered a straw purchase, even if the firearm is given to the individual as a gift and not sold to them.

Your Responsibilities as the Gift Giver

Your primary responsibilities are to ensure the recipient is not a prohibited possessor under state or federal law. Other than that, there are no specific legal requirements for gifting a firearm in Arizona.

However, to protect yourself, you may want to document the transfer by maintaining a bill of sale or written record. Ideally, gifters should ensure the recipient can safely handle and store a firearm to avoid accidents or dangerous situations, but that isn’t a legal requirement under Arizona law.

Receive Representation for Violations of State or Federal Gun Laws in Phoenix

If you’ve been accused of illegally possessing a firearm or prohibited weapon, or are accused of illegally gifting or transferring ownership of a firearm, call Phoenix criminal defense attorney Michael Alarid III. He is an Arizona Board-Certified Specialist in Criminal Law by the Arizona State Bar and has extensive experience representing Phoenix residents in all types of cases. Call (602) 818-3110 for a free case evaluation.